IN THE CASE OF:	

		BOARD DATE:	 1 September 2009   

		DOCKET NUMBER:  AR20090005062 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request that he be awarded the Purple Heart for injuries sustained in combat in Korea on 18 May 1951.  He also requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show in item 4 (Component and Branch or Class) that he served in the Infantry; in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that his unit was awarded three Presidential Unit Citations; in item 28 (Most Significant Duty Assignment) that his most significant unit was the 1st Airborne Ranger Company; in item 29 (Wounds Received as a Result of Action with Enemy Forces) that he received fragment wounds to his face and left leg on 18 May 1951 in Korea; and in item 31 (Service Training Courses Successfully Completed) that he completed Ranger Training from August through October 1950.

2.  The applicant states, in effect, that his newly provided evidence should substantiate his entitlement to what he is requesting.  He states that his treatment records show that he was treated for wounds inflicted by a grenade that was thrown by the enemy on 18 May 1951; that his Standard Form (SF) 88 (Report of Medical Examination) shows that his wounds were still visible 1 year later; and that clinical records show his organization as being 1st Airborne Ranger Infantry Company.  He states that it is impossible to be awarded the Combat Infantryman Badge with only an artillery military occupational specialty (MOS) assigned while serving with the 82nd Airborne Division at Fort Bragg, NC from 1949 through July 1950.  In his earlier case, he also stated that he was only assigned to the 82nd Airborne Division for about a week (upon his return from Korea) and was discharged from that unit under a mass exit program that did not provide him sufficient time to review his records.

3.  The applicant provides a copy of the previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 10 February 2009; a "Supplement Record" of his medical care; records of medical treatment; an
SF 88, dated 13 May 1952; SFs 600 (Clinical Record - Consultation Sheet), dated 7 March 1951 and 30 October 1950; one page of a newspaper article entitled “Company Reports”; and what appears to be a self-authored chronology of his time in the service.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080015670 on 10 February 2009.

2.  The applicant submitted a copy of a "Supplement Record" of his medical care; records of medical treatment; an SF 88; SFs 600; one page of a newspaper article entitled “Company Reports”; and what appears to be a self-authored chronology of his time in the service, which were not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant’s military records are not available to the Board.  This case is being considered using reconstructed records, which primarily consist of the applicant’s supporting documents.

4.  On 31 August 1948, the applicant enlisted in the Regular Army (RA) in Cincinnati, Ohio, for 3 years.  He attended the basic airborne course at Fort Benning, GA, from 10 February 1949 to 3 April 1949 and he was promoted to the rank/grade of sergeant (SGT)/E-5 on 19 January 1951, which is the highest rank he held during his time in service.

5.  The applicant was honorably discharged on 15 May 1952, under the provisions of Army Regulation 615-360 (Enlisted Men, Discharge, General Provisions), at the expiration of his term of service.  The DD Form 214 that he was furnished at the time of his discharge shows in block 4 that he served in the Artillery branch; in block 5 that his specialty number was 73044 (parachutist qualified artillery cannoneer); in block 27 that he was awarded the Combat Infantryman Badge, Korean Service Medal with three bronze service stars, Army of Occupation Medal with Japan Clasp, Parachutist Badge, and the Glider Badge; in block 28 that his most significant duty assignment was with "B Btry, 319th Abn FA Bn, 82nd Airborne Division”; in block 29 that he did not receive wounds as a result of action with enemy forces; and in block 31 that he successfully completed the basic airborne course on 9 August 1950.
6.  A review of the Korean Casualty Listing fails to reveal that the applicant was reported as a casualty.  However, medical documentation submitted by the applicant shows that on 18 May 1951 the applicant was wounded in action (WIA) when he received shell fragment wounds to his face and left leg from a grenade 
explosion.  The medical documentation shows that he suffered these injuries while he was in the line of duty.  The medical documentation also shows that he was assigned to the 1st Ranger Infantry Company (Airborne).

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

9.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the unit to which the applicant was assigned was awarded the Presidential Unit Citation for the period 13 February through 15 February 1951 in Department of the Army General Order (DAGO) number 49, dated 1951; and for the period 16 May through 22 May 1951 in DAGO number 72, dated 1951.

11.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;
   b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

   c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

12.  Special Regulation 615-360-1 (Separation of Enlisted Personnel) in effect at the time, served as the authority for the preparation of the DD Form 214.  The regulation states, that the component and branch of service of the last unit or similar element to which the enlisted person was assigned for active duty will be entered in item 4; the last unit, or similar element, to which assigned for duty rather than the element of which individual was a part while moving to a separation point will be entered in item 28; each wound received as the result of enemy action will be entered chronologically in item 29; and installation training 
courses (qualification courses), military correspondence courses, and off duty courses successfully completed by the individual concerned will be included in item 31. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.  He also contends that his DD Form 214 should be corrected to show that he served in an infantry branch, that his unit was awarded three Presidential Unit Citations, that his most significant duty assignment was with the 1st Airborne Ranger Company; that he was wounded in action in Korea on 18 May 1951, and that he successfully completed Ranger Training.

2.  Based on the available documentation, it appears that the applicant is entitled to the award of the Purple Heart.  The available medical documentation shows that he sustained shell fragment wounds to his face and left leg from a grenade on 18 May 1951, while he was in Korea.  The medical documentation shows that his injuries were incurred in the line of duty when he was wounded in action and based on his award of the Combat Infantryman Badge, it is reasonable to believe that he was injured as a result of hostile action by enemy forces.  Therefore, it would be appropriate to award him the Purple Heart and to correct his records.

3.  The medical documentation also shows that he was assigned to the 1st Ranger Infantry Company (Airborne) while he was in Korea.  His statement from his earlier request, that he was only assigned to the 82nd Airborne Division for about a week before he was separate, is accepted as evidence that the 1st Ranger Infantry Company (Airborne) was his last actual unit of assignment  and therefore the 1st Ranger Infantry Company (Airborne) should be listed in item    28 of his Form 214.

4.  Department of the Army Pamphlet 672-1 shows that the unit to which the applicant was assigned was awarded the Presidential Unit Citation for the periods 13 February through 15 February 1951 and 16 May through 22 May 1951.  However, Department of the Army Pamphlet 672-1 does not show that the 
unit to which he was assigned was awarded three Presidential Unit Citations.  Therefore, it would be appropriate to correct his DD Form 214 to show that he was awarded two awards of the Presidential Unit Citation.

5.  Further review of the available documentation shows that he is also entitled to the National Defense Service Medal for honorable active service between 27 July 1950 through 27 July 1954.  He is also entitled to the United Nations Service Medal and the Republic of Korea War Service Medal for his service in Korea between 27 June 1950 and 27 July 1954.  Therefore, his DD Form 214 should be corrected to reflect these awards.

6.  The available records show that the applicant served in a parachutist qualified artillery cannoneer MOS.  For that reason, item 4 on his DD Form 214 properly shows his “Component and Branch or Class” as "RA Arty," an abbreviation for "Regular Army - Artillery."  Therefore, there is no basis for amending item 4 of the applicant's DD Form 214.

7.  Other than the applicant’s statement, there is no evidence in the available records and the applicant did not provide any corroborating evidence that shows he ever attended and completed Ranger training.  Therefore, there is no basis for correcting his DD Form 214 to include completion of Ranger training.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_____x___  _____x___  _____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20080015670, dated 10 February 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the Purple Heart for wounds received in action on 18 May 1951 while in Korea;
   
   b.  adding to item 27 of the applicant's DD Form 214 the Purple Heart, National Defense Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation (two awards), and the United Nations Service Medal;
   
   c.  deleting from item 28 of the applicant's DD Form 214 the entry "B Btry, 319th Abn FA Bn, 82nd Airborne Division" and replacing it with the entry "1st Ranger Infantry Company (Airborne)"; and 
   
   d.  deleting from item 29 of the applicant's DD Form 214 the entry "None" and replacing it with the entry "Korea, 18 May 1951."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show that he served in an infantry branch; that the unit to which he was assigned in Korea was awarded three Presidential Unit Citations; and that he 
Attended and completed Ranger Training from August through October 1950; that he.



      ___________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20090005062



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ABCMR Record of Proceedings (cont)                                         AR20090005062



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